The Lisa's Vine

  Trademark squatting, or bad faith Trademark filing, is essentially when a third-party files and registers a Trademark merely to sell it for a profit later to someone who actually needs it and/or wants to use it. The original applicant then faces enormous challenges in registering in that country since the squatting party controls the intellectual property (IP) rights to that Trademark. Trademark squatting is a serious issue in markets like China, as a result of the differences in Trademark laws in different countries. As opposed to Australia, China has a first-to-file Trademark system, which means that the first party to apply and file for a Trademark obtains the rights to that Trademark indisputably. The squatting third-party can even go one step further in enforcing their rights to the Trademark and potentially sue the original applicant in the foreign jurisdiction for infringement. In this blog, we will discuss ways in which to combat Trademark squatting, the Chinese governmen...

  Believe it or not, thousands of website designs are being randomly copied and used by similar businesses every day. As such, it puts the original business in great jeopardy as it mar’s their essence and individuality. This is where website copyright infringement comes into the picture and in the hands of functional trademarking lawyers, your intellectual interests can be safeguarded. Understanding the difference between copyright and trademark  Although people tend to use words like “copyright” and “trademark” quite synonymously, there is a strong line of difference that sets them apart.   Simply put, copyright is applicable to any work of creation like painting, logo, music and any such intellectual doings. In comparison, a trademark is applicable to certain words or phrases, symbols or use of colour in a website design or instance. They are used to impart individuality to manufactured goods or products and services alike. So, in case you want to pr...